Gay men infected with HIV refer to boyfriends who conceal their illness and fail to take security measures to claim compensation

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Written by: Li Huina

2020-05-14 16:24

The gay man met a man on the dating platform. He asked the new boyfriend whom he had just met whether he was infected with the AIDS virus. The other party claimed that they did not. The two had sex without protection and continued to communicate. The gay man later found out that his friend avoided the AIDS problem, and then after asking him, the other person recognized him as a carrier, but said that the virus in his body was insufficient and had infected others. He also persuaded the gay man not to take preventive medicine. The two broke up three years later, and the gay man only discovered that he was also infected with HIV. He accused the former friend of concealing his illness and infecting him, so he filed for compensation.

The plaintiff, who surnamed Quan, accused the defendant S of concealing the HIV infection and infecting him, and filed a claim in the High Court. (Profile picture)

Alleged that the defendant also infected his ex-boyfriend

The plaintiff's surname is Quan, and the defendant's English code is "S".

According to the filing, the plaintiff and the defendant met in February 2013 through the world's largest gay dating platform "Grindr". The two parties later developed an intimate relationship and had sex. Before the sexual relationship between the two parties, the defendant knew that he was AIDS. The carrier, the defendant also infected his ex-boyfriend.

Did not disclose to the plaintiff that they were carriers before sexual intercourse

The plaintiff claimed that he was not an AIDS carrier before he knew the defendant. Before he had sex with the defendant for the first time, he also talked about sexually transmitted diseases and HIV and other topics. The defendant did not mention that he was infected with the virus, which caused the plaintiff to be wrong. The defendant thought that the defendant had no sexually transmitted diseases and was not a carrier of AIDS, so the plaintiff agreed to have sex without protective measures.

The two had sex for the first time at a hotel in Tsim Sha Tsui on April 2, 2014, during which they did not use protective measures. After the sexual relationship between the two, the two sides also discussed the topic of sexually transmitted diseases. The defendant still did not confess to the confession, and the two parties continued to have sex without protective measures.

Claims that the virus is not infectious

The plaintiff noticed that the defendant's attitude was avoided when he talked about the topic of sexual health, so he questioned him on September 4, 2014 whether he had any sexually transmitted diseases or HIV. The virus in the body is "not contagious", so the plaintiff will not be infected.

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Lobby the plaintiff not to take preventive medicine

The plaintiff had thought about taking the HIV prevention drug "PREP" in New York in November 2014, but the defendant lobbied the plaintiff not to take the drug, and the plaintiff did not finally take the blood test required before taking the drug.

The plaintiff was found infected with HIV three years later

As of May 17, 2017, the plaintiff was found to have HIV in the United States, and the two parties were separated because of this matter. During the period between 2014 and the two separated, the plaintiff did not have sex with other people without protection. The plaintiff He was infected by the defendant ’s negligence, so he filed a claim for compensation.

Case number: HCPI176 / 2020

AIDS Gay Claims Court